GENERAL TERMS OF CUSTOMERS SERVICE – GTCS
1. LEGAL INFORMATIONS
The website www.uungu.com (here in after the “Site”) is open to any user of the Internet network.
It is edited by the brand UUNGU (here in after “UUNGU”), whose activity is under CAPE contract at:
COSENS , association Act 1901
2A Rue de Rome 13001 MARSEILLE – FRANCE
RCS No. 419369798
VAT No.: FR06419369798
Trainer # 93131134113
Association with share capital of €0
Represented by Mr Christian CARABALLO, President of COSENS.
It is hosted by: OVH
The Site allows the UUNGU brand to offer clothing products (the “Products”) for sale to Internet users browsing the Site (here in after the “Customer”).
Part of our site operates according to a pre-order system. By way of a pre-order, the Customer acknowledges that if the pre-order objective stated on each pre-order product sheet is not reached by the end of the pre-order deadline, the Customer will be reimbursed for the entire purchase, and the production of the pre-order item will not be launched. Since production is limited, if the customer buys a product in stock, he acknowledges that he can not change the size after receipt. If the customer wishes to be reimbursed for a preorder or stock order and requests it, the refund procedure will be initiated immediately after receipt of the returned item. Any order or pre-order (here in after the “Orders” or “Preorders”) of Products appearing on the Site presupposes prior consultation of these general conditions and their unreserved and irrevocable acceptance. Accordingly, the Customer acknowledges being fully informed that its agreement regarding the content of these Terms
and Conditions does not require the handwritten signature of this document, to the extent that the Customer wishes to order the Products presented in the context of the Site’s shop online.
The Client declares to have the capacity to conclude this contract, that is to say to have the legal majority, eighteen (18) years, and not be under guardianship. The parties agree that their relations will be governed exclusively by these GTCS.
The UUNGU brand reserves the right to adapt or modify these Terms and Conditions at any time. It is agreed only in case of modification, the version of the GTCS applicable to any order where Pre-order is the one appearing online on the site on the day of placing the order.
These General Terms and Conditions of Sale (hereinafter referred to as “the GTCS”) apply to any order placed on the website www.uungu.com (the “Site”) relating to the purchase of products presented on the website (hereinafter referred to as “the products”) by the brand UUNGU, company under contract CAPE at COSENS association law 1901, with a share capital of 0 euro, the registered office of which is located 2A Rue de Rome 13001 MARSEILLE – FRANCE. Registered in the Marseille RCS under number 419369798, intra-Community VAT number FR06419369798 (hereinafter referred to as the “UUNGU mark”). The UUNGU brand reserves the right to adapt or modify these general conditions of sale at any time, the version of the general conditions of sale applicable to any transaction being that shown in online at www.uungu.com at time of order.
Any order made under a product listed in the online shop of the website www.uungu.com requires prior consultation of these terms and conditions and their acceptance without reservation and irrevocably. Consequently, the consumer acknowledges being fully informed that his agreement regarding the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the shop of the site. The consumer declares to have the capacity to conclude this contract, that is to say to have the legal majority, eighteen (18) years, and not be under guardianship.
In accordance with Article L. 111-1 of the French Consumer Code, the brand UUNGU presents on the Website the Products for sale and their characteristics. The Customer has the possibility to know, before the final order is placed, the essential characteristics of the Products he wishes to buy.
The offers in stock presented by the brand UUNGU are valid only within the limits of the available stocks.
The offers in pre-order presented by the brand UUNGU are valid only within the limit of the time available and the quantity proposed to the pre-order. The photos representing the Products are only indicative. These photos, as well as the texts illustrating the Products, do not fall within the scope of the contract.
The prices appearing on the Website are indicated in euros including all taxes and are valid only on the date of validation of the Order by the Customer. The UUNGU brand reserves the right to modify them, without notice, at any time, it being understood that the invoicing of the Products will be done on the basis of the tariffs in force at the time of registration of the Order or the Pre-order.
The prices do not take into account the delivery costs, invoiced in addition and indicated before the validation of the Order or Pre-order. The prices take into account the V.V.A. applicable on the day of the Order or Pre-order and any change in the applicable rate of V.V.A. will be automatically reflected in the price of the Products appearing on the Site. Payment of the entire price must be made at the time of the order or pre-order. At no time may the sums paid be considered as a deposit or a deposit. These prices are guaranteed subject to typography or printing errors.
The price of products shipped outside the European Union and DOM-TOM will be calculated without taxes. In this case, the Customer is considered as the importer of the products. In the event that customs duties, import taxes or other charges are payable, applicable due to the geographical destination of the products, these charges shall be the responsibility of the Customer, to whom it is recommended to carry out the necessary checks and steps prior to the validation of the order.
The Products are payable in euros on the day of the effective Order. To settle his Order, the Customer has only one means of payment, the following:
Credit card. For payment by credit card, the Customer shall provide the number of his credit card, associated with its expiry date as well as the figures of the cryptogram appearing on the back of his credit card. In order to ensure the security of payments made online, the Customer accesses a dedicated area made available by the Caisse d’Epargne, which ensures the security and registration of the payment order and the security of the payment itself. In this regard, the Customer expressly acknowledges that the communication of its credit card number to the UUNGU brand through the savings bank constitutes authorization to debit its account up to the amount of the products ordered. Accepted cards are: Visa, Mastercard, American Express.
Regardless of the means of payment used, the UUNGU brand shall bear the occasional bank charges incurred by the payment, within the limit of the management fees invoiced by the Caisse d’Epargne. Any payment is made via the Savings Fund. Any other costs, whatever the reason, will be invoiced to the Customer.
The UUNGU brand reserves the right to suspend or cancel any Order or Pre-order and any delivery in case of refusal of payment authorization by credit card on the part of officially accredited bodies or in case of non-payment. In particular, the UUNGU brand reserves the right to refuse to make a delivery or to honour an Order or Pre-order issued by a Customer who has not fully or partially settled a previous order or with which a payment dispute is pending.
The delivered goods remain the property of the UUNGU mark until receipt of payment. The transfer of risks to the Customer occurs as soon as the Products are delivered. The computerized records, kept in the computer systems of the UUNGU mark under reasonable security conditions, shall be considered as evidence of communications, Orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
5. ORDER AND PRE-ORDER
Any Order or Pre-order will be confirmed when the Customer clicks on the “Place my order” button.
The confirmation of the Order or Pre-order implies the acceptance by the Customer of the GTCS and the essential characteristics of the Products.
Upon registration of the Order or Pre-order, a confirmation email summarizing it (products, prices, availability of products, quantity, etc.) will be sent to the Customer by the UUNGU brand. To this end, the Customer formally accepts the use of e-mail for the confirmation by the UUNGU mark of the contents of his order. In any case, invoices are remitted upon delivery.
In case of Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.
If the minimum objective of a Pre-order campaign is not met, the brand UUNGU contacts the Customer at the end of the campaign to announce its decision to refund or to produce. In this case, the UUNGU mark must refund the Customer within fourteen (14) days from the cancellation of the Pre-order. If the Product is in stock, the Order will be executed no later than 7 days from the day following that on which the Customer placed his Order.
In case of unavailability of the Product ordered, in particular because of the suppliers, the Customer will be informed as soon as possible and will have the possibility to cancel his Order. The Customer will then have the choice to request the exchange of the Product within fifteen (15) days at the latest after
receive or be refunded. The refund will be made no later than fourteen (14) days following the cancellation of the Order.
6.1 Place of delivery
The delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer or any other natural person of his choice, if this is clearly specified during the Order or Pre-order. Delivery cannot be made to hotels or mailboxes. When registering the personal details of the Customer, the latter must ensure the accuracy and completeness of the mandatory data it provides. In the event of an error in the wording of the recipient’s contact details, the UUNGU mark cannot be held responsible for the impossibility to deliver the Product(s).
6.2 Delivery Times
The delivery times are indicated during the Order. These are indicative deadlines, expressed in working days and corresponding to the average processing and delivery times. The Customer acknowledges that, in case of Pre-order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the production volume of all pre-ordered products. The UUNGU mark may not be held liable for the consequences due to a delay in delivery which is not due to it or is due to an act of force majeure.
6.3 Receipt of Products
Delivery shall be deemed to have been effected upon delivery of the Products to the Customer by the carrier, materialised by the control system used by the latter. Upon receipt of the Products, the Customer is required to check the condition of the packaging of the goods and to report the damage due to the carrier on the delivery slip, and to the UUNGU brand, within three (3) days by sending an email to email@example.com or by sending an email on the contact form on our website. The Customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address.
Delivery costs are payable by the customer in France and worldwide. The return fee will be borne by the brand UUNGU in the event of non-compliance of a product. In case of withdrawal, they are at the expense of our Customers in France and abroad.
7. LEGAL WARRANTY
The mark UUNGU is responsible for defects of non-conformity of a product at the time of the issue of the Product under the conditions of articles L. 217-4 et seq. of the Consumer Code.
When acting as a legal guarantee of compliance, the Customer:
– benefits from a period of two years from the issue of the Product to act.
– can choose between repairing or replacing the property; in accordance with section L. 211-19 of the French Consumer Code, the UUNGU mark may not, however, proceed according to the Customer’s choice if this choice entails a clearly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. It is then required to proceed, unless impossible, according to the modality not chosen by the Customer.
– is exempt from reporting proof of the existence of the defect of conformity of the property during the 24 months following the issue of the property.
This legal guarantee of conformity applies regardless of any commercial guarantee. The Customer may decide to implement the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, which render it unfit for the use for which it is intended, or which so reduce this use that the buyer would not have acquired it, If he had known them, he would have given them a lower price. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The action resulting from the deleterious defects must be brought by the Customer within two years from the discovery of the defect.
8. RIGHT OF WITHDRAWAL
Pursuant to Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to exercise his right of withdrawal from his Order. This period runs from the receipt of the Products by the Customer.
The Customer must attach to his request for withdrawal a copy of the invoice or any other element to identify the Order in question, and its holder. Only the Customer identified as such with the UUNGU mark can exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery (for example in case of gift).
9. RETURN AND REFUND ARRANGEMENTS
Any exchange or return must be the subject of a declaration by the Customer to the UUNGU mark, via the contact form of the Site. The printed withdrawal forms are delivered in each package delivered to the Customer. The Products must be returned by the Customer no later than fourteen (14) days following the communication of its decision to withdraw.
The product must be returned by the Customer in its original packaging or any equivalent packaging and in perfect condition (allowing a recommercialization, having not been worn or washed), to request the exchange, the refund or a credit note without penalty.
If the package is lost or damaged during the product return, the cost of the damage is the responsibility of the ClientProducts that are not returned within the aforementioned deadlines and conditions will not be refunded or exchanged by the brand UUNGU.
The return address is:
Rue Lamarck 104
4000 – Liège
In accordance with Article L. 221-24 of the French Commercial Code, the UUNGU brand undertakes to refund the sums received under the Order or Pre-order within fourteen (14) days. This period shall run from the first of the two following dates: (i) the receipt by the UUNGU mark of the returned Products or (ii) the receipt by the UUNGU mark of the proof of shipment of the Products by the Customer.
The refund will be made by credit to the Customer’s bank account corresponding to the bank card used to pay the Order or Pre-order. If you have changed your bank account, consider giving your new bank information to your old bank.
10. APPLICABLE LAW
These general conditions are subject to French law. In case of dispute or complaint, the Customer will first contact the UUNGU brand to obtain an amicable solution. The Customer is informed that any consumer can use a free consumer mediator for the amicable resolution of a dispute with a professional. Consumer mediation applies to any domestic or cross-border dispute between a consumer and a professional in the course of the performance of a contract of sale or provision of services.
It is possible to enter either a consumer mediator in the list on the website of the consumer mediation (click here), or to fill in the automated complaint form to contact a dispute resolution body (click here).
The request can only be accepted by the consumer mediator if:
1) The Customer does not justify having first attempted to resolve his dispute directly with the UUNGU mark by a written complaint in accordance with the terms provided for;
2) The request is manifestly unfounded or abusive;
3) The dispute has been previously examined or is being examined by another mediator or by a court;
4) The consumer has submitted his application to the mediator within a period of more than one year from his written complaint to the UUNGU mark;
5) The dispute does not fall within its jurisdiction.
The consumer shall be informed by the mediator, within three weeks of receipt of his file, of the rejection of his request for mediation.
In the absence of recourse to mediation, the courts within the jurisdiction of the company’s registered office shall have jurisdiction.
11. DATA PROCESSING AND FREEDOMS
In order to provide the services offered on the website, the UUNGU brand may be required to process personal data concerning you, in particular that collected when you registered on the website, or the placing of your order.
The information and data concerning the Customer are strictly necessary for the management of orders, the execution and the monitoring of commercial relations, as well as for internal statistical purposes. This data may be transmitted to the companies involved in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also stored in order to pursue security, identification, improvement and customization of services.
The Customer has at any time a right of access, rectification and opposition to personal data concerning him, under the conditions provided by the law of 6 January 1978. To do so, simply send an email to firstname.lastname@example.org and the necessary arrangements will be made immediately. The Customer may receive, from the UUNGU mark, offers relating to products or services similar to those already ordered, or information letters. He will have at any time the possibility to oppose it at no cost for the future, according to terms specified with each shipment.
Data protection policy
The UUNGU mark (hereinafter “UUNGU”), as defined in the legal notice, is the controller within the meaning of the GDPR, for the collection and processing of personal data carried out on the website www.uungu.com (hereinafter the “Site”).
As such, the UUNGU brand undertakes to respect your personal data, which are collected and processed when you use the Site. In this regard, the UUNGU trademark complies with European and French legislation on the protection of personal data, mainly EU Regulation No. 2016/679, known as “GDPR” and Law No. 78-17, known as “Data Protection and Freedoms”.
Purposes of the processing
Your personal data may be processed through the Site for the following purposes:
• The form on the Site allows you to purchase the products offered directly on the Site, to be delivered to the address indicated by you, and to create
a customer account if you wish.
• Subject to your prior consent, you are hereby informed, and on the occasion of such collection, that the UUNGU mark is likely to make to you send promotional and advertising offers in connection with the Site. If you prefer not to receive such promotional offers, and not to participate in our Advertising personalization programs, you can indicate this when you register, or at any time, at email@example.com. To unsubscribe from email offers, you can click directly on the unsubscribe link included in each email.
• The Site has a login space to allow you to access your account, make new purchases, and track your orders already placed. The browsing data of visitors to the Website is collected through the login data (logs) generated by the Website’s web server. They are kept for security and personalization purposes and to allow you to access your account, for a period strictly necessary for these purposes, and may not exceed six months for security purposes. This data is intended for the services of the UUNGU brand and/or the service providers it uses to manage the Site and ensure its security.
• The Site places cookies, if necessary with your agreement. The data collected using these cookies, the purposes for which they are collected, the recipients of the data and the retention periods, as well as the reminder of your rights, are detailed in our cookie management policy. The data you enter is necessary for order management, execution and monitoring of business relationships, as well as for internal statistical purposes. These personal data processed via the Website remain in the territory of the European Union. The data collected on the Site are exclusively intended for the UUNGU brand,
and/or subcontractors that it may have used in the context of the management of the Site and the management of orders.
The data of visitors to the Website, customers or prospects of the UUNGU brand are kept for the time necessary to manage the commercial relationship and to process their request(s). Customer data used for marketing purposes may be retained for a period of three years at from the end of the business relationship. The data of visitors to the Website, non customer prospects of the UUNGU brand, are kept for the time necessary to manage the commercial relationship, and for a period of three years from their collection or the last contact from the prospect, unless agreed for a longer period. All data used to establish proof of a right or a contract, or kept in accordance with a legal and/or regulatory obligation, may be the subject of an archiving policy, and be kept for these purposes in accordance with the legal and/or regulatory provisions in force.
In accordance with Law No. 78-17 of 6 January 1978 and the GDPR, you have a right to access, rectify or erase personal data concerning you and, where applicable, a right to the portability of your data. You can request the limitation or object to the processing of your data, or if necessary, withdraw your consent. You can also define guidelines on the fate of your data after your death, pursuant to Article 32 6° of the Amended Law No. 78-17 of
January 6, 1978.
To exercise these rights, you may contact the UUNGU brand by writing to firstname.lastname@example.org .
In accordance with the law, you have the legal right to lodge any claim with a supervisory authority: https://www.cnil.fr/ .
Cookie management policy
1 – The different Cookies present on the Site
Cookies exempted from your consent, and necessary for the operation of the Site.
These Cookies are necessary for the proper functioning of the Site and its navigation. They allow you to access the main features of the Site.
In accordance with the recommendations of the CNIL, these cookies are exempt from the prior collection of your consent. You may object to them and delete them using your browser settings, however your experience of visiting the Site may be severely degraded. The UUNGU brand uses the following Cookies on its Website:
Third-party cookies for audience measurement
These Cookies are used, if necessary with your agreement, to evaluate the use of the Site, by collecting information about your browsing. This information is collected in order to perform audience measurements, statistics, in order to improve the quality of the services provided by the Site.
The UUNGU brand uses Google Analytics, Klaviyo, and Shopify to collect information about your use of the Site.
In addition, via your browser, you can manage and disable these Cookies directly via the following link: https://tools.google.com/dlpage/gaoptout
Third party advertising Cookies
These cookies are used, if necessary with your agreement, to present you offers and information adapted to your interests when you browse the Internet.
The refusal of these cookies has no impact on the use of the Site. However, the fact of refusing advertising cookies will not cause advertising to stop during your browsing. This will only display ads that do not reflect your interests or preferences.
2 – How to set Cookies?
As indicated in the Cookie Information Banner, when you continue browsing the pages of the Site, you acknowledge that you have expressly given your consent to the storage of cookies stored or read on the Site. In the cases recalled above, for which your consent is necessary for the filing and/or reading of Cookies, your agreement is only valid for a period of thirteen (13) months from the first filing in your terminal equipment, unless you withdraw your consent or exercise your right to object. Once this deadline is exceeded, the agreement will be requested again if necessary during a later visit to the Site.
Moreover, most browsers are configured by default so that the storage of cookies is allowed. Your browser gives you the option to change these standard settings, but also to delete existing cookies stored on your terminal equipment, or to inform you if new cookies may be stored on your terminal.
However, if you choose to disable Cookies via your browser, it may affect your browsing on the Site.
To express or return to your choices, refer to the help menu or to the dedicated section of your browser. For example, you can find more information on the following pages :
• For Internet Explorer™: http://windows.microsoft.com/en/windows-vista/Blockor-allowcookies
• For Safari™: http://support.apple.com/kb/ht1677?viewlocal=en_EN,
• For Chrome™: https://support.google.com/chrome/answer/95647?hl=en,
• For Firefox™: https://support.mozilla.org/en/kb/activer-desactiver-cookies,
• For Opera™ https://help.opera.com/en/latest/web-preferences/#cookies
For more information about Cookies and your rights, you can also visit the
CNIL internet: http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/